Breaks and meal periods - Massachusetts

Breaks

Federal law does not require employers to provide rest periods or coffee/snack breaks. However, if employers choose to offer short breaks, breaks lasting 20 minutes or less must be considered work time and employees are paid for the time.

Massachusetts regulations state that rest periods of short duration, usually 20 minutes or less, are paid working time. However, the state does not actually require employers to provide rest periods.

Lactation accommodations

Federal law requires employers to provide reasonable break time for an employee to express breast milk for one year after her child’s birth. The employer must provide a room or location for the employee to use, other than a bathroom, that is shielded from view and free from intrusion by coworkers and the public.

Massachusetts law requires employers to accommodate post-pregnancy conditions, such as the need to express breast milk for a nursing child, unless doing so would pose an undue hardship on the employer. The law defines “undue hardship” to mean that providing the accommodation would cause the employer significant difficulty or expense.

Massachusetts employees may not be fired or otherwise discriminated against for using this benefit during breaks.

Employers in the state may not require medical documentation about the need for an accommodation if the accommodation requested is for:

• More frequent restroom, food or water breaks;
• Seating;
• Limits on lifting no more than 20 pounds; or
• Private, non-bathroom space for expressing breastmilk.

An employer may, however, request medical documentation for other accommodations requested.

Meal periods

Federal law does not require employers to provide meal periods. However, if employers choose to provide one, a meal period of at least 30 minutes may be unpaid as long as employees are completely relieved from duty. If employees are not completely relieved of job duties during the meal period, employees must be paid for that time.

Massachusetts requires that employees who are required to work for more than six hours in a day receive a meal break of at least 30 minutes.